The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-07-19

| 'oi tue luIofts 1lele WAS an air OF eX
pectancy about everybody, and an impa
tient buzz Of conversation was to be hear,
while the minor business was under con
alteration. Among those within the ba
not Interested In the CAGE were Col. Ar
nett, 8. g. Smith, Eco and Judge Bnyd
son, Alfred, OF Wheeling; Hon. j. Dun
bar and W. McD. Miller, Of Steubenyille
and U. s. District Attorney Porter, o
Pittsburgh. LIN I.0.' 4
The counsel for the prosecution, in nd
dition to W. j. Huff, the Prosecuting At
torney, are Hon. John McSweency, o
Wooster, a promising candidate for tht
Democratic nomination for Governor o
Ohio; Hon. John A. Hutchinson, OF Par
keIsburg; 7. s. Brown, OF Pittsburgh, for.
merly q citizen Of Holidays Cove, and j
=. Marshall, a distinguished member O.
the Hancock county bar. The defense Ia
represented by Hon. W. D. Moore, Of
Pittsburgh, q clerical looking gentleman
whose gray beard and hair and certain
air OF elaboration attract attention, and
who before he began to practice at the
bar was Presbyterian clergyman; Hon,
John K. Donehoo, Of Fairview, ex.State
Senator from tho Wheeling district; John
X. Braddock, Esq, oil Wellaburg, d plain
6usinesa.like looking gentleman, and John
NJ. Cook, CT Steuoenvile, an attorney
who is by many people rated first at the
Jefferson county bar. It 10 singular coin
cldence that OF the nine attorneys five are
named John. The report that Hon. Dan
Voorhees, would assist in the defense II
Mf. McSweeney was retained for the
prosecution seems to have been a
"bluH." MIR. Voorhees, did not appear.
n JOHN M'swERNEr.
&ir. McSweeney is not pretty man.
He looks like well-to.do farmer, and
talks like hearty, sood.humored country
minister. In Stature and avoirdupois be
IS much such man as Col. Arnett. His
eyes are deep set, small and very bright,
and his brown, sparse locks are long and
curl up over the collar OF his yellow linen
buster. His beard, Of lighter shade than
his nair and showing a tinge Of gray OF
which his hair is guiltless, has kinky,
nnbrushed appearance. His ncse is not
IN proportion 10 his other features, and So
his glasses sit astride it they emphasize his
prominent brows, which extend beyond
his nose. u ~
Messra. McsYeeney and Moore drove
over TO Holidays Cove, Mr.. Moore from
Steubenville and Mr.. McSweeney from
New Cumberland, Sunday, and looked
over the ground carefully about the scene
Of the tragedy. Young Brown is credited
with working up the evidence for the
prosecution. u Igf5 N !,
About half past ten O'Clock Judge Boyd
asked: "Gentlemen, are you ready to
proceed with the trial Of the case Of the
state agsinat Baker?' sF.9 !
The confusion in the court room ceased
instantly. There was ps,lse, and then
Mr.. Cooke Tose and said; &
Your honor, we have petition and
an affidavit to file on behalf of the priso.
ner when he appears" y
"The Sheriff will bring up the prisoner,"
said Judge Boyd, and Sheriff Chapman
lett the room and soon reappesred with
the, prisoner, who seemed perfectly aeli-
possessed, and as he sat down reached
over to tho deek Of CLERK Stewart and
appropriated palm leaf fan. Eagi
THE PRISONER. @
The petition and aiEdayits were handed
up, and the Clerk administered the oath
to Baker and then to hs attorneys. Mr..
Moore then qunlifiad as an attorney at
this bar, and the aitidavits were handed
over to the COUNCIL for the prosecution for
examination. 5.ljs H 5 1.
In the meantime Baker sat between
two OF his attorneys, vigorously tanning
himself, his vest upbuttoned, Init his
clothing otherwise exceedingly neat and
orderly. He wore black frock coat, with
checkered pantaloous. a rather promi-
nent watch chain and Knights Tempiar
charm ,ornamented bis vest, and on the
little tinger OF his left hand be wore a ring
with large blue stone set engraved with
the Masonic compass and square. After
all the descriptions and portraits Of him
which have been printed, his appearance
is surprise to people who see him for
tho first time. His hair and beard are "a
ven black and his beard worn long. A
large bald spot occupied the plaza where
the crown ought TO be. His features are
well shaped, and be must be pronounced
very decent, genteel looking man. His
posing and bearing, however, indicate
vanity. He .is IS years old, but stranger
would guess at 35 after q care iul perusal
OF his features. IL is rather striking fact
that one Of his lending counsel, MIR. Brad
dock, was in years past his pupil.
Attor the atldavits had been gone over
by the prosecuting lawyers Mr.. McSwee.
ney was presented to the Court and quail
fed. 49, 4 s.i5tI 5T117.s,,7.s,
Finally Mr.. Hutchinson handed over
the atlidavits, and asked what was the
motion Of the defense. The Court in.
formed him that it, WAS Tor change Of
venus. "a w {, "A 4 " - ii
E6 4 FORENSIC sKIRAIsu. +
Mr., Hutchinson thought it was now too
late to mako thin motion. The eilidavits
in support OF it, sworn to by the counsel,
the, defendant and Mr.. plsttenberg, a citi.
zen Of the county, allese no facts in e1-
PLANTATION as to why the application was
not made sooner. II 1t was not constd.
cred too late by the Court, then the PROS
ecution desired to have time TO file coun-
ter aliidavits. z ~ l5,5 a s
Mr.. Cooke claimed that sufficient facts
to excuse tho delay were alleged in tia
affidavit. Mr.. Hutchinson demanded that
it be read, but the defense reiueins to read
Il. the Court took tho dcrnmente and nv.